Rhode Island Robbery Attorney Chad Bank
The legal definition may vary from state to state but the overall concept of this crime is common across the country. Robbery is often defined as the wrongful taking of anything valuable with the full intention of denying the true owner access to that which was stolen. This definition is slightly vague in its inclusion of criminal acts and can be better determined by each state's personalized categorizations. The differentiating factors associated with this crime involve face to face confrontations and any injuries or fatal incidents that may have occurred while the crime was taking place. If you have been charged with robbery, you need to retain the service of an experienced Rhode Island Robbery Attorney.
RI Penalties for Robbery
In the state of Rhode Island robbery is a serious crime due to its direct correlation with violence. The penalties are heavy and wide scaled. If charged one could face a minimum of ten years of imprisonment all the way up to a life sentence. These penalties may also include hefty fines.
11-39-1 Penalty for robbery. – (a) Every person who shall commit: (1) robbery by use of a dangerous weapon; (2) robbery where a victim is injured; or (3) robbery where the victim is a person who is severely impaired or an elderly person; shall be guilty of first degree robbery and shall be imprisoned for not less than ten (10) years and may be imprisoned for life, or fined not more than fifteen thousand dollars ($15,000), or both.
Penalties
Being charged with robbery in Rhode Island is a serious allegation. Having an experienced Rhode Island Robbery Attorney handling your case could drastically improve the success of your case. If you or a loved one has been charged with robbery contact Rhode Island Robbery Attorney Chad Bank immediately at 401-573-2265.
RI Criminal Defense Attorney
First Degree vs Second Degree Robbery in Rhode Island
Rhode Island splits robbery into two degrees. The split is defined in Rhode Island General Laws § 11-39-1. First-degree robbery is the top level. It applies when a dangerous weapon is used, when the victim is injured, or when the victim is a severely impaired person or an elderly person. Second-degree robbery covers every robbery that does not involve those aggravating factors.
The degree decides the sentencing floor. First-degree robbery carries a mandatory minimum of ten years and a maximum of life. Second-degree robbery carries a mandatory minimum of five years and a maximum of twenty years. First-degree robbery is classified as a capital felony in Rhode Island, which means the state can also fight to hold you without bail while the case is pending.
What Makes a Robbery First Degree Under § 11-39-1
First-degree robbery under § 11-39-1 requires one of three aggravators. First, use of a dangerous weapon. That includes firearms, knives, and any object used in a way that makes it capable of serious injury. A replica gun can count if it was displayed in a way that made the victim believe it was real. Second, an actual injury to the victim, even a minor one, can push a robbery from second degree to first degree. Third, if the victim is over 60, or is a person who is severely impaired physically or mentally, the charge is first degree regardless of the weapon.
A Rhode Island robbery lawyer looking at your case starts by asking whether the state can actually prove those aggravators. If the weapon is not really dangerous, if the injury does not meet the statute, or if the victim's age or impairment is not clearly established, the charge may be knocked down to second degree.
Second Degree Robbery and the § 11-39-1 Sentencing Floor
Second-degree robbery still carries a floor. Five years is the mandatory minimum under § 11-39-1. That means a judge cannot go below five years if the state wins. Even at that level, a plea negotiated by a Rhode Island robbery lawyer can sometimes structure part of the sentence as suspended time or probation, though the front end still often includes time to serve. Anyone facing a second-degree robbery charge should not read the smaller number as a lighter case. Five years in the ACI is life-changing.
Robbery vs Larceny From a Person
Not every taking of property from another person is robbery. If property is taken without the use or threat of force, the crime is larceny from a person, not robbery. The distinction matters because larceny carries different penalties and does not require the state to prove force. If a snatch-and-run purse theft happens without any confrontation or threat, a Rhode Island robbery lawyer can push the prosecutor to drop the charge to larceny. That single change can take mandatory prison off the table.
Carjacking Under § 11-39-2
Carjacking has its own statute in Rhode Island. Under Rhode Island General Laws § 11-39-2, carjacking with a dangerous weapon that causes serious bodily injury is prosecuted as first-degree robbery. Carjacking by force or threat of force without a weapon is prosecuted as second-degree robbery. The specific facts of how the vehicle was taken decide which degree applies. Prosecutors watch cell phone location data, gas station cameras, and surveillance video from the surrounding area to build the timeline. A Rhode Island robbery lawyer works that same evidence back the other direction.
Held Without Bail: First-Degree Robbery in Rhode Island
For a first-degree robbery charge, Rhode Island lets the state ask the court to hold the defendant without bail. When that motion is filed, a bail hearing must be held within 10 days of arraignment. The stakes at that hearing are high. If the court orders no bail, the defendant sits at the ACI for however long the case takes to resolve. A Rhode Island robbery lawyer at that hearing challenges the state's proof of guilt, presents ties to the community, and pushes for reasonable bail conditions where the facts allow it. Second-degree robbery does not carry the same heightened bail risk, but any robbery charge can lead to detention pending trial.
Mandatory Minimums and Why Trial Prep Starts Day One
Mandatory minimum sentences change everything about how a Rhode Island robbery case gets defended. A judge cannot suspend the mandatory floor. That means if the state can prove the charge, the sentence includes real time. So the defense strategy focuses on beating the elements of the charge or negotiating down to a lesser offense before trial. A Rhode Island robbery lawyer starts investigating from day one: getting surveillance video before it is deleted, interviewing witnesses before their memories fade, and filing motions to suppress evidence obtained in questionable stops or searches.
Federal Robbery and Bank Robbery Cases
Some Rhode Island robbery cases end up in federal court. Bank robbery, robbery involving interstate travel, and armed robberies of postal facilities all fall under federal jurisdiction. Federal sentencing is driven by the federal guidelines, and the numbers can be worse than the state numbers depending on the facts. A lawyer familiar with both state and federal court can flag jurisdiction issues early and advise on whether the case can be kept in one system or the other.
Common Defenses in a Rhode Island Robbery Case
Robbery cases turn on identification, force, and intent. Mistaken identity is common. Robberies happen fast, victims are scared, and eyewitness testimony often does not survive careful cross-examination. Lack of the required force can knock a charge down to larceny. Lack of intent to permanently deprive can defeat the charge entirely. If the defendant took property in good-faith belief it was his, that is a defense. A Rhode Island robbery lawyer works every one of those angles depending on what the case actually shows.
How a Rhode Island Robbery Lawyer Attacks Weapon and Injury Proof
Both aggravators that push a robbery to first degree are provable facts. The weapon has to be dangerous. The injury has to be an actual injury. A Rhode Island robbery lawyer challenges the weapon claim by examining what was actually recovered, whether a replica was used, and whether any witness ever saw a weapon at all. The injury claim gets attacked by looking at medical records, photographs, and 911 audio. If the state overreached at the charging stage, a hard push at the pretrial phase can force a reduction from first degree to second degree.
Choosing the Right Rhode Island Robbery Lawyer
Robbery cases are among the most serious felonies in Rhode Island Superior Court. When looking for a Rhode Island robbery lawyer, focus on someone who handles felony cases in Rhode Island courts every week, knows the Superior Court judges by name, and has trial experience. Robbery cases move through months of pretrial motions and negotiations. The right lawyer at the right time keeps options open. Attorney Chad F Bank has defended thousands of criminal cases in Rhode Island courtrooms across more than two decades, and every robbery case he takes gets the same aggressive workup. Bank fights hard for his clients so they can achieve the best possible outcome for their case.